[eu]cite

Home› Intellectual Property› MarkenG (EN)

Part 3 · Proceedings in the course of trade mark matters  ›  Chapter 6 · Proceedings before the Federal Court of Justice › Section 90

Ruling on costs

(1) If several persons are involved in the proceedings, the Federal Court of Justice may determine that the costs of the proceedings, including the costs incurred by the parties, in so far as they were necessary to appropriately safeguard the claims and rights, be imposed on one of the parties in full or in part if this is equitable. Such a determination may also be made if the party in full or in part withdraws the appeal on points of law, the application for the trade mark, the opposition or the application for revocation or a declaration of invalidity, or if the registration of the trade mark is in full or in part cancelled in the Register because of surrender or because of non-renewal of the duration of protection. In so far as a determination on the costs is not made, each party shall bear the costs incurred by him.

(2) If the appeal on points of law is refused or rejected as inadmissible, the costs caused by the appeal on points of law shall be imposed on the appellant. If a party has caused costs through gross negligence, they shall be imposed on him.

(3) Costs may be imposed on the President of the German Patent and Trade Mark Office only if he or she has filed the appeal on points of law or brought motions in the proceedings.

(4) In other respects, the provisions of the Code of Civil Procedure concerning the procedure for the assessment of costs (sections 103 to 107) and compulsory enforcement based on orders assessing the costs (sections 724 to 802) shall apply accordingly.

←→ also move between sections